TERMS OF USE
In these terms, the following definitions shall hold:
- Reflection period: The time during which consumers can exercise their right to withdraw.
- Consumer: An individual who acts for purposes unrelated to their trade, business, craft, or profession.
- Day: A calendar day.
- Digital content: Data created and provided in digital form.
- Permanent contract: A contract involving the regular delivery of goods, services, and/or digital content over a specified period.
- Durable data carrier: Any tool, including email, that allows the consumer or entrepreneur to store information sent by a person for future reference or use for a period matching the information’s purpose, and enables the stored information to be kept unchanged and copied.
- Right of withdrawal: The option for consumers to end a distance contract during the reflection period.
- Entrepreneur: A natural person or legal entity that supplies consumers with products, (access to) digital content, and/or services from a distance.
- Distance contract: A contract between a trader and a consumer formed through an organized system for selling products, digital content, and/or services from a distance, using remote communication technologies in full or in part, up to and including the contract’s completion.
- Sample withdrawal form: A European model withdrawal form located in Annex I of these Terms and Conditions. If the consumer has no right to withdraw from the order, Annex I need not be attached.
- Remote communication technology: A technology that allows an agreement to be reached without the consumer and trader being in the same room at the same time.
Applicability
These general terms and conditions apply to every offer from the Trader and every distance contract entered into between the Trader and the Consumer.
Before a distance contract is formed, the text of these Terms and Conditions will be made available to the Consumer. If this isn’t reasonably possible, the operator will explain how the consumer can familiarize themselves with the general terms and conditions before the distance contract is formed, and will send them free of charge as soon as possible upon the consumer’s request.
If the distance contract is formed electronically, notwithstanding the previous paragraph’s provisions, the text of these general terms and conditions may be made available to the consumer in electronic form before the distance contract is formed to allow them to familiarize themselves with it. They can be easily stored on durable data carriers. If this isn’t reasonably possible, a location where the general terms and conditions can be viewed electronically will be indicated before the distance contract is formed, and these terms and conditions will be sent electronically or by another free method upon the consumer’s request.
If, in addition to these general terms and conditions, specific product or service-related terms and conditions apply, the second and third paragraphs will apply correspondingly. In the event of a conflict between terms and conditions, the consumer may always rely on the applicable terms and conditions that are most favorable to them.
Article 4 – Offers
An offer must contain a full and accurate description of the products, digital content, and/or services being offered. The description must be detailed enough to allow the consumer to make a sound assessment of the offered product. If the entrepreneur uses images, these images must accurately represent the products, services, and/or digital content being offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
Each offer includes information that informs the Consumer of the rights and obligations associated with accepting the offer.
Agreement Formation
Subject to paragraph 4, the agreement is formed when the Consumer accepts the offer and meets the specified conditions.
If the Consumer accepts the offer electronically, the Seller will immediately confirm receipt of the acceptance in electronic form. Until the entrepreneur confirms receipt of this acceptance, the consumer may terminate the agreement.
If the agreement is formed electronically, the Entrepreneur will take appropriate technical and organizational measures to ensure the security of electronic data transmission and a secure network environment. If consumers can make electronic payments, the entrepreneur will take appropriate security measures.
Within the legal framework, the entrepreneur may assess whether the consumer will be able to meet their payment obligations, as well as all facts and factors relevant to the responsible formation of the distance contract. If, as a result of this assessment, the entrepreneur has legitimate reasons for not forming the agreement, they have the right to reject the order or application with an explanation, or to impose special conditions for its performance.
By the latest when the product, service, or digital content is delivered, the entrepreneur will send the consumer (in writing or in a form that the consumer can save in an accessible way on a durable data carrier):
a. The address of the entrepreneur’s branch where consumers can submit complaints;
b. The conditions and methods for the consumer to exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
c. Information about the guarantee and available after-sales service;
d. The prices, including all taxes and fees for the products, services, or digital content (where applicable), delivery costs, and the method of payment, delivery, or performance of the distance contract;
e. The requirement to terminate the contract if the contract term exceeds one year or is indefinite;
f. A model withdrawal form if the consumer has the right to withdraw from the contract.
For forward transactions, the provisions of the previous paragraph apply only to the first delivery.
Right of Withdrawal
For products:
The consumer may terminate the contract for the purchase of the Product within the 14-day withdrawal period by sending an email to [email protected] without providing any reason. Traders may ask consumers for the reason for withdrawal, but they cannot force them to explain.
The withdrawal period referred to in paragraph 1 begins on the day after the consumer or a third party (other than the carrier) designated by the consumer receives the product, or:
- For multiple products purchased in the same order: the date on which the consumer or a designated third party receives the last product. An order for multiple products with different delivery dates may be refused if the trader clearly informs the consumer of this before the order is placed.
- If the product is delivered in multiple batches or parts: the date on which the consumer or a designated third party receives the last batch or part.
Pricing
During the validity period of the preferential provisions, the prices of the products and/or services provided will not increase, except for price changes resulting from a change in the rate of tax on goods and services.
The price stated in the product or service offer includes VAT.
Delivery and Performance
Entrepreneurs will exercise particular care when accepting and fulfilling product orders and evaluating requests for services.
The delivery location is the address provided to the Seller when the Consumer places the order.
Taking into account the provisions of Article 4 of these General Terms and Conditions, the Entrepreneur will fulfill accepted orders immediately, but no later than within 30 days, unless a different delivery date has been agreed. In the event of a delivery delay, inability to fulfill the order, or partial fulfillment, the consumer will be informed within 30 days of placing the order. In such cases, the consumer has the right to terminate the contract free of charge and receive any compensation.
After termination in accordance with the previous paragraph, the operator will immediately refund the amount paid by the consumer. Unless clearly agreed otherwise, the risk of damage and/or loss of the product is borne by the Entrepreneur until it is delivered to the Consumer or to a previously designated and announced representative of the Entrepreneur.
Complaints Procedure
Entrepreneurs have a fully transparent complaints procedure and handle complaints in accordance with this procedure.
Complaints concerning the performance of the contract must be submitted to the Operator in a complete and clear manner within a reasonable period from the time the Consumer discovers the defect.
Complaints submitted to the entrepreneur will be handled within 14 days of receipt. If the complaint requires a foreseeably longer processing time, the Entrepreneur will respond within 14 days, confirming receipt and indicating when the consumer can expect a more detailed response.
The consumer must allow the entrepreneur at least 4 weeks to handle the complaint by mutual agreement. After this period, a dispute arises, which is subject to the dispute resolution procedure.
Article 17 – Additional or Different Conditions
Additional or different conditions to these general terms and conditions must not be detrimental to the consumer and must be recorded in writing or on a durable data carrier in a manner accessible to the consumer.